Galveston woman sues over fall at HEB

John Suayan, Galveston Bureau Nov. 13, 2008, 5:17am

GALVESTON � A Galveston County woman claims a San Antonio-based grocery chain failed to protect her from harm two years ago, recent court documents say.

Jeannette Bares's personal injury suit, which was filed before Galveston County District Court on Nov. 10, says H.E.B. did not take any measures to diminish the potential for injury at its League City branch on Nov. 21, 2006, alleging the plaintiff took a dangerous spill outside of the premises.

"On that occasion, Jeannette Bares was an invitee at defendants' grocery store when she sustained serious bodily injury," it explains. "Plaintiff tripped over a device on the sidewalk and common area of the Bay Colony Town Center that apparently was intended to be a basket stop and apparently placed by the defendant."

Said store and Newquest Properties, the shopping center's property manager, are named co-defendants, each accused of negligence in some form.

"Defendants failed to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a premise condition that the owner or occupier knew about or in the exercise of ordinary care should have known about," the suit says. "Such negligence was a proximate cause of the occurrence and injury to Jeannette Bares on Nov. 21, 2006."

It does not elaborate on the extent of Bares' reported injuries.

She seeks damages including but not limited to:

  • Physical pain and mental anguish suffered from the date of the accident in question up until the time of trial;
  • The amount of reasonable medical expenses necessarily incurred in the treatment of plaintiff's injuries; and
  • Physical impairment.

    In addition, the plaintiff, who is represented by Houston attorney William T. Tells, requests a jury trial.

    Galveston County 10th District Court Judge David Garner is presiding over the case.

    Case No. 08CV1134

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